- 78 - offensive collateral estoppel when the current defendant was previously successful. Petitioners freely admit that they found no case law allowing for such an application. Additionally, petitioners have not presented a persuasive argument or sufficient rationale for this Court to adopt a use of offensive collateral estoppel, which is the antithesis of that determined by the Supreme Court of the United States in Parklane Hosiery Co. v. Shore, supra. As the Government was successful in the previous action against Jay Hoyt, petitioners are precluded from asserting offensive collateral estoppel against respondent. Further, petitioners seek to apply the nonmutual form of offensive collateral estoppel against respondent to establish the existence of a theft from the partnerships. Petitioners claim that language in United States v. Mendoza, 464 U.S. 154 (1984), allows nonmutual offensive collateral estoppel in certain situations. Petitioners assert, yet present no authority, that Mendoza has been limited by some courts “to situations where the policy concerns of the Court exist.” Petitioners cite, exempli gratia, NLRB v. Donna Lee Sportswear Co., 836 F.2d 31 (1st Cir. 1987), for the proposition that “Mendoza has been limited in application to require mutuality only where important issues of law are at stake.” However, petitioners fail to cite the many cases from this Court and the Court of Appeals for the Ninth Circuit,Page: Previous 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 Next
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